Callan -v- Ireland & anor [2013] IESC 35 (18 July 2013)

Callan -v- Ireland & anor [2013] IESC 35 (18 July 2013)

A prisoner whose death sentence was commuted to a definite term of penal servitude (and subsequently imprisonment) is serving a sentence of imprisonment within the meaning of Rule 59 of the Prison Rules 2007 and is therefore eligible, by good conduct, to earn remission of sentence. The commutation does not alter the essential character of the sentence as one imposed by a court and varied in a constitutionally permissible manner.

Citation
[2013] IESC 35
Parties
Plaintiff/appellant: Noel Callan; Defendant/respondent: Ireland; Defendant/respondent: The Attorney General
Jurisdiction
Ireland
Judgment Date
18 July 2013
Procedural Posture
Appeal (civil) / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal allowed
Legal Topics
Remission of Sentence, Commutation of Sentence, Presidential Powers, Interpretation of Prison Rules, Penal Servitude Vs Imprisonment
Criminal Law Constitutional Law Prison Law Remission of Sentence Commutation of Sentence Presidential Powers Interpretation of Prison Rules Penal Servitude Vs Imprisonment

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Parties

Noel Callan

Plaintiff/appellant

Ireland

Defendant/respondent

The Attorney General

Defendant/respondent

Procedural Posture

Appeal (civil) / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether a prisoner whose death sentence was commuted to penal servitude for 40 years is entitled to remission under Prison Rules 2007, Rule 59
  2. 2 Whether the commuted sentence constitutes a 'sentence of imprisonment' for the purposes of remission
  3. 3 Whether the process of commutation to a defined term without a hearing was lawful

Ratio Decidendi

A prisoner whose death sentence was commuted to a definite term of penal servitude (and subsequently imprisonment) is serving a sentence of imprisonment within the meaning of Rule 59 of the Prison Rules 2007 and is therefore eligible, by good conduct, to earn remission of sentence. The commutation does not alter the essential character of the sentence as one imposed by a court and varied in a constitutionally permissible manner.

Court Disposition

Appeal allowed

Orders

  • Declaration that the plaintiff is a person sentenced to a term of imprisonment exceeding one month and is eligible, by good conduct, to earn remission under Rule 59(1) of the Prison Rules 2007, and is also a person to whom the provisions in respect of the possibility of greater remission in Rule 59(2) apply.